08/12/1998
SECtiON 00500
FORM OF AtUEMENf
fHIS Ao.UEMENf is t\tade by at1d betweet1 MOt1roe Coutrty, 5100 College Road, Stock Islat1d,
Key West, Florida SS040 Chereit1after referred to as "OWt1u") at1d IH.E 'REWa COMPANY OF ~
FlORlP A. INC., Chereit1after referred to as "cot1tracto(') for COt1structiOt1 of KEY LAROO ROAU
XIV. ROAPW A Y IMPROVEMENf. KEY LAROO . the get1eral at1d techt1ical specificatiot1s for which
are attached at1d it1corporated it1to this cot1tract as Exhibit A Chereit1after referred to as the
"ProjecrJ, the OWt1er at1d the COt1tractor hereby agreeit1g as follows: ~ a ~ ~
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fHE CONfRACf ANP fHE CONfRACf POCUMENfS (). rO'O
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1.1 fhe Cot1tract ~~~ ~ ~
fhe cot1tract betw8et1 the OWt1er at1d the COt1tractor, of which this agre.,etIf;Is 9a~
cot1sists of the cot1tract docut\tet1ts. It shall be effective Ot1 the date this aareii1ettAso
executed by the last party to execute it.
1.% fhe Cot1tract POCUIMet1fs
fhe cot1tract docut\teMS COt1slst of this agreet\tet1t, the Request for 'Id, the Cot1ditiot1s of the
Cot1tract, the 8-et1eral Requiret\tet1ts, the f echt1ical Speciflcatiot1s, the f echt1ical Notes at1d
Petails, all chat1ge orders, at1y addet1da at1d field orders issued hereafter, at1Y other
at\tet1dt\tet1ts hereto executed by the parties after the executiOt1 of this Agreet\teM.
Pocut\teMS t10t et1ut\terated it1 this paragraph 1.2 are t10t cot1tract docut\tet1ts at1d do t10t
foYt\t part of this cot1tract.
I.S Et1tire AgreelMet1f
fhis cot1tract, together with the cot1tractor's pUblic COt1structiOt1 bOt1d for the Project,
cot1stitute the et1tire at1d exclusive agreet\teM betweet1 the OWt1er at1d the cot1tractor with
referet1ce to the Project. Specifically, but without lit\titatiot1, this cot1tract supersedes at1y bid
docut\teMS at1d all prior writtet1 or oral cot\tt\tut1icatiot1s, represet1tatiot1S at1d
t1egotiatiot1s, if at1Y, betweet1 the OWt1er at1d COt1tractor.
1.4 No Privity with Others
Nothit1g cot1tait1ed it1 this COt1tract shall create, or be it1terpreted to create, privity or at1y
other cot1tractual agreet\tet1t betweet1 the OWt1er at1d at1Y persot1 or et1tity other that1 the
cot1tractor.
7/tO/98
FORM OF Ao.REEMEN1
00500-1
l.S 1t1tet1t and lt1terpretafion
fhe intent of this contract is to require cotMplete, correct and tftMely execution of the
work. Any work that tMay be required, ItMplied or inferred by the contract docutMents, or
anyone or tMore of theta as necessary to produce the intended result shall be provided by
the contractor for the contract price.
l.S.t fhis contract is intended to be an integral whole and shall be interpreted as internally
consistent. What is required by anyone contract docutMent shall be considered as required
by the coutdy cotMtMlssloners.
l.S.S When a word, tertM or phrase Is used In this contract, It shall be Interpreted or construed,
first, as defined herein, second, if nat defined, according to Its generally accepted tMeaning in
the construction indUstry; and third, If there Is no generally accepted tMeanlng In the
construction industry, according to Its cotMtMon and custotMary usage.
l.S.4 fhe words "Include"', "includes"', or "includlng"', as used In this contract, shall be deetMed to be
followed by the phrase, "wlthout IitMitation....
l.S.S fhe specification herein of any act, failure, refusal otMlssion, event, occurrence or condition
as constituting a tMaterial breach of this contract shall nat ItMply that any other
nonspecific act, failure, refusal otMlsslon, event occurrence or condition shall be deetMed nat
to constitute a tMaterial breach of this contract.
l.S.6 Words or tertMS used as nouns In this contract shall be inclusive of their singular and
plural foriMs, unless the context of their usage clearly requires a contrary tMeanlng.
l.S.7 fhe contractor shall have a continUing duty to read, carefully study and cotMpare each of
the contract docutMents, the shop drawings and the product data and shall give written
notice to the owner of any Inconsistency, atMblgutty, error or otMlsslon which the contractor
tMay discover with respect to these docutMents before proceeding with the affected work.
fhe Issuance, or the express or ItMplied approval by the owner of the contract docutMents,
shop drawings or product data shall nat relieve the contractor of the continUing duties
iiMposed hereby, nor shall any such approval be evidence of the contractor's coiMpllance with
this contract.
l.S.' Neither the organization of any of the contract docutMent into dMslons, sections,
paragraphs, articles (or other categories), nor the organization or arrangeiMent of the
design, shall control the contractor In dMdlng the work or In establishing the extent or
scope of the work to be perforiMed by subcontractors.
1.6 Owtlership of Cotttract POCUiMettts
The contract docuiMents, and each of thetlt shall reiMain the property of the owner. The
contractor shall have the right to keep one record set of the contract docuiMents upon
coiMpletfon of the project provided, however, that in no event shall contractor use, or pertMit
1/tO/9'
FORM OF AtREEMENT
oosoo-t
to be used, any or all of such contract doculMet1ts on other projects without the
owner's prior written authorization.
ARTICLE II
fHE WORK
1.t fhe contractor shall perfortM all of the work required, iIMplied or reasonably inferable
frOIM this contract.
1.1. fhe ternt "work" shall IMean whatever is done by or required of the contractor to perfortM
and coIMplete its duties under this contract, inclUding the following: roadway base widening,
regrading roadway shoulders, asphalt leveling, asphalt resurfacing, traffic paint striping,
traffic signage installation and relocation, guardrail installation, tree reIMoval and other
related roadway construction as included in the Specifications. fhe work to be perfortMed by
the contractor is generally described as follows:
KEY LARto ROAPS XIV, ROAPW A Y IMPROVEMENf
ARTICLE III
CONfRACf TIME
S.t nile and liquidated Pallages
S.U fhe contractor shall coIMIMence work to be perfortMed under this Contract no later than ten
nO) calendar days frOIM Notice to Proceed and shall be SUbstantially coIMpleted no later
than one hundred and 'tWenty, 1m calendar days frOIM the CoIMIMenceIMent Pate. fhe
Contractor also agrees to be coIMplete and ready for final paYIMent in accordance with the
ht1eral Conditions no later than thirty ($0) calendar days frOIM the Substat1tial CoIMpletlon
Pate.
$.1.1. fhe Owner and the Contractor recognize that tiIMe is of the essence In this Contract and
that the Owner will suffer financial loss if the Work is not cOIMpleted within the tiIMes
specified above, plus any extensions of tiIMe allowed in accordance with the ht1eral
Conditions. fhey also recognize the delays, expense and difficulties involved in proving in a
legal proceeding the actual loss suffered by Owner if the Work is not cOIMpleted on tiIMe.
Accordingly, instead of reqUiring such proof, Owner and Contractor agree that as
liqUidated dallages for delay ( but not as a penalty) Contractor shall pay Owner
~ ~ (.1.00.00) for each day that expires after the titMe specified above for
Substantial CoIMpletlon ut1ti1 the Work is SUbstantially cotMplete.
$.13 fhe Owner and Contractor agree that work on the project will be cot1tinuous frOIM the
cotMtMencetMettt date through to the cotltpletlon date. Any detMobfllzation once work has
started requires prior approval by the Owner.
1/1.0/98
FORM OF AtREEMENf
00500-$
S.t. Substantial Colltpletion
"Substatttial CoIMpletionM shall IMean that stage in the progression of the work when the
work is sufficietttty cotltplete in accordance with this contract that the owner can enjoy
beneficial use or occupancy of the work and can utilize the work for its intended purpose.
Substatttial Cotltpletion shall be detntined by the Cout11y Engineer.
S.S nllte is of the Essence
AlllilMitation of titlte set forth in the contract doculMents are of the essence of this
contract.
ARtiCLE IV
CONTRACT PRICE
4.0 The Cotttract Price
The owner shall pay, and the contractor shall accept, as full and coIMplete paYIMet1t for all
of the work required herein, the fixed SUIM of . 2.1.7,188.48
(Two Hundred Twettty Seven Thousand Seven Hundred Eighty Eight and 48/100)
The SUIM set forth in this paragraph 4.0 shall constitute the contract price which shall not
be tModifled except by change order as provided in this contract.
ARtiCLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
Within ten nO) calendar days of the effective date hereof, the contractor shall subtMit to
the owner and to the Cout1'ty Engineer a schedule of values allocating the contract price to
the various portions of the work. The contractor's schedule of values shall be prepared in
such fornt, with such detail and supported by such data as the Cout1'ty Engineer or owner
tMay require to substatttiate its accuracy. The contractor shall not itMbalance its
schedule of values nor artifiCially inflate any eletMent thereof. The violation of this
provision by the contractor shall constitute a tMaterial breach of this contract. The
schedule of values shall be used only as a basis for the contractor's applications for
paytMet1t and shall only constitute such basis after it has been aclo1owledged in writing by
the County Engineer and the owner.
5.t. PaYlltetrt Procedure
5.2.1 The ow"er shall pay the co"tract price to the co"tractor as provided below.
5.2.2 Progress PaytMet1ts-Jased UPO" the contractor's applicatio"s for paytMent a"d upon
certificates for paYtMet1t subsequetttty Issued to the owner, the ow"er shall tMake
progress paytMettts to the co"tractor 0" accoutlt of the contract price.
5.23 0" or before the 10 th day of each tMotlth after cotMtMencetMet1t of the work, the
contractor shall sUbtMit a" applicatio" for paYtMent for the period endl"g the last day of
7/20/98
FORM OF AtREEMENT
00500-4
the tMottth to the Couttty Et1QIt1eer 1t1 such foYtM at1d tMat1t1er. at1d with such supportlt1Q data
at1d COt1tettt as the OWt1er or the Couttty Et1glt1eer tMay require. fherdt1. the cotttractor tMay
request paYtMeM for t11t1ety perceM (90~) of that portlOt1 of the cotttract price properly
allocatable to cotttract requlretMettts properly provided. labor. tMaterials at1d equlptMeM
properly lt1corporated 1t1 the work plus t11t1ety percettt (90?;) of that portlOt1 of the COtttract
price properly allocatable to tMaterials or equlptMettt properly stored Ot1site (or elsewhere if
approved 1t1 advat1ce 1t1 writit1Q by the owt1er) for subsequettt lt1corporatiot1 1t1 the work. less
the total atMouttt of previous paytMeMs received frOtM the OWt1er. PaytMeM for stored
tMaterials at1d equlptMettt shall be cot1ditiot1ed UpOt1 the COt1tractor's proof satisfactory to
the OWt1er. that the OWt1er has title to such tMaterials at1d equlptMeM at1d shalllt1clude proof
of required lt1surat1ce. Such applicatiot1 for paytMeM shall be slgt1ed by the cot1tractor at1d
shall COt1stitute the cotttractor's represetttatiot1 that the work has progressed to the level
for which paytMeM Is requested 1t1 accordat1ce with the schedule of values. that the work
has bUtt properly lt1stalled or perfoYtMed 1t1 full accordat1ce with this COt1tract at1d that
the cot1tractor kttows of t10 reasot1 why paytMet1t should t1at be tMade as requested.
Thereafter. the Couttty Et1glt1eer will review the applicatiot1 for paytMeM at1d tMay also
review the work at the project site or elsewhere to deteYtMlt1e whether the quat1tttv at1d
quality of the work Is as represet1ted 1t1 the applicatiot1 for paYtMeM at1d Is as required by
this cotttract. fhe CoUt1tv Et1glt1eer shall deteYtMlt1e at1d certify to the OWt1er the atMout1t
properly owed to the COt1tractor. fhe OWt1er shall tMake partial paytMeMs Ot1 accout1t of the
cotttract price to the cotttractor withlt1 iWetttv (to) days followlt1g the receipt by MOt1roe
Couttty Et1glt1eer of each appllcatiot1 for paytMet1t. The atMOUt1t of each partial paytMeM
shall be the atMouttt certified for paytMet1t by the COUt1tv Et1glt1eer less such atMOUt1ts. If
at1y. otherwise owed by the cotttractor to the owt1er or which the OWt1er shall have the
right to withhold as authorized by this cot1tract. The CoUt1tv Et1glt1eer's certlficatiOt1 of
the COt1tractor's appllcatiot1 for paytMeM shall t1at preclUde the OWt1er frOtM the exercise of
at1Y of its rights as set forth 1t1 paragraph 5.S hereit1below.
5.t.4 fhe cotttractor warrat1ts that all paYtMettts to subcotttractors have beett tMade as certified
Ot1 the appllcatiot1 for paytMettt at1d that tiffe to all work covered by at1 appllcatiot1 for
paytMeM will pass to the OWt1er t10 later that1 the titMe of paytMeM. The cotttractor
further warrat1ts that upOt1 subtMHtaI of at1 applicatiot1 for paytMeM. all work for which
paYtMeMs have bUtt received frOtM the OWt1er shall be free at1d clear of lIetts. claltMs.
security Ittterest or other ettcutMbrat1ces 1t1 favor of the COt1tractor or at1Y other perSOt1 or
etttfty whatsoever.
5.t.5 The COt1tractor shall protMptly pay each subcot1tractor. out of the atMout1t paid to the
cotttractor Ot1 accouttt of such subcotttractor's work. the atMouttt to which such
subcotttractor Is etttiffed. If the cotttractor does t1at pay the subcot1tractor the atMout1t due.
the subcotttractor tMay ot1ly seek paytMeM frOtM the cOt1tractor's pUblic COt1structiOt1 bOt1d
surety. 1t1 t'l0 evettt Is the OWt'leY obligated to pay at1y subcotttractor at1 atftout1t
owed to it by the cotttractor. Lat1guage sltftilar to this paragraph 5.2..5 tftUst appear 1t1
all cotttracts be1weett the cotttractor at1d its subcot1tractors.
1/2.0/98
FORM OF AtREEMENT
00500-5
5.2..6 No progress paYIMent, nor any use or occupancy of the project by the owner, shall be
ittterpreted to constitute an acceptance of any work not in strict accordance with this
contract.
53 Withheld Paylltet1t
The owner IMay decline to IMake paYIMettt, IMay withhold funds, and, if necessary, IMay
deIMand the returt1 of sOIMe or all of the aIMounts previously paid to the contractor, to
protect the owner frOIM loss because of:
(a) defective work not YeIMedied by the contractor nor, in the opinion of the
owner, likely to be YeIMedied by the contractor;
(b) claiIMs of third parties against the owner or the owner's property;
(c) failure by the contractor to pay subcontractors or others in a proIMpt and proper
fashion;
(d) evidence that the balance of the work cannot be coIMpleted in accordance with the
contract for the unpaid balance of the contract price;
(e) evidence that the work will not be coIMpleted in the tiIMe required for
substantial or final coIMpletfon;
(f) persistettt failure to carry out the work in accordance with the contract
(g) daIMage to the owner or a third party to whoIM the owner is, or IMay be,
liable.
In the evettt that the owner IMakes written deIMand upon the contractor for aIMouttts
previously paid by the owner as conteIMplated in this subparagraph 53, the contractor shall
proIMptly coIMply with such deIMand.
5.4 Unexcused Failure to Pay
If within1Wenty (2.0) days after the date established herein for paYIMettt to the contractor
by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any
aIMouttt then due and payable to the contractor, then the contractor IMay after seven (1)
additional days frOIM written notice to the owner and the Cout1fy Engineer, and withouttprejudice to any other available rights or YeIMedies it IMay have, stop the work ut1ti1
paYIMettt of those alMout1ts due frOIM the owner have been received.
5.5 Substat1tfal Colltpletiotl
When the contractor believes that the work is SUbstantially colMplete, the contractor shall
subIMit written notice that the project is ready for substantial coIMpletfon inspection. The
1/2.0/98
FORM OF Ao.REEMENT
00500-6
Couttty 't1glt1eer, Ot1 the basis of cot1tractor's t1otice. shall deten\tit1e that the work is it1
fact substat1tfally colltplete. fhe Couttty 't1git1eer will prepare a certificate of substat1tfal
colltpletfot1 which shall establish the date of substat1tfal colltpletfot1, shall state the
respot1sibllitles of the co~actor for project security, lltait1t~at1ce, utilities, dalltage to the
work. at1d INurat1ce, at1d shall fix the tfllte withit1 which the cot1tractor shall colltplete the
itellts listed therdt1. fhe certificate of substa~al colltpletfot1 shall be sublltftted to the
co~actor for wrftt~ acceptat1ce of the respot1sibilitles assigt1ed to hlllt 1t1 such certificate.
UPOt1 substat1tfal colltpletfot1 of the work at1d executlOt1 by both the OWt1er at1d the
co~actor of the certificate of substat1tfal colltpletfot1, the OWt1er shall pay the co~actor
at1 alltOUM sufficl~t to lt1crease total payllt~ts to the cot1tractor to Ot1e hUt1dred
percem nOO~) of the COt1tract price less five percem (5~) ret~tfOt1 at1d less three hUt1dred
percem ($OO~) of the reasot1able cost as deterlltit1ed by the OWt1er at1d the Couttty 't1git1eer
for colltpletft1g alllt1colltplete work. correctit1g at1d brit1git1g i~ cot1forlltat1ce all defective
at1d t1ot1cot1forlltlt1g work. at1d hat1dlit1g all Ut1setfled claillts. fhe certificate of substa~al
colltpletfot1 shall t1at be sigt1ed by the CoUt1tv 't1git1eer ut1less accolltpat1led by a sigt1ed
certificate of occupat1cy frOIlt all govnit1g authorities.
5.6 Colltpletiot1 at1d FIt1al PaYlltem
5.6.1 Wh~ all of the work Is fit1ally colltplete at1d the cot1tractor is ready for a fit1al
lt1spectiot1, he shall t10tffy the OWt1er thereof it1 writft1g. fhereupot1, the Couttty 't1git1eer
willlltake fit1al it1spectiot1 of the work at1d. if work is colltplete 1t1 full accordat1ce with this
cot1tract at1d this co~act has be~ fully perfOrllted, the CoUt1tv 't1glt1eer will prolltptly
issue a fit1al certificate for paYIlt~t certifyit1g to the OWt1er that the project is colltplete
at1d the co~actor Is etttitIed to the relltait1der of the ut1paid co~act price, less at1y
alltOUM withheld pursuat1t to this co~act. OiIarat1tees required by the COt1tract shall
colltllt~ce Ot1 the date of fit1al colltpletfot1 of the work. If the CoUt1tv 't1glt1eer is ut1able to
issue its fit1al certificate for paylltem at1d is required to repeat Its fit1al it1spectiot1 of the
work. the co~actor shall bear the cost of such repeat fit1al it1spectiot1(s) which cost
Iltay be deducted by the OWt1er frOIlt the cot1tractor's fit1al paylltem.
5.6.! If the co~actor falls to achieve fit1al colltpletfot1 withit1 the tfllte fixed therefor by the
CoUt1tv 't1glt1eer 1t1 its certificate of substat1tfal colltpletfot1, the co~actor shall pay the
OWt1er the SUIlt of iwo-hut1dred dollars per day for each at1d every cal~dar day of
Ut1excused delay 1t1 achievit1g fit1al colltpletfot1 beyot1d the date set forth herdt1 for flt1al
colltpletfot1 of the work. At1Y SUIltS due at1d payable hereut1der by the co~actor shall be
payable, t1at as a p~al1y, but as liqUidated dalltages repres~t1g at1 estflltate of
delay dalltages likely to be sustalt1ed by the OWt1er, estflltated at or before the tfllte of
executlt1g this co~act. Wh~ the OWt1er reasot1ably believes that fit1al colltpletfot1 will
be it1excusably delayed, the OWt1er shall be ~tH1ed, but t1at required, to withhold frOIlt at1Y
alltOUMS otherwise due the co~actor at1 alltOUM th~ believed by the OWt1er to be
adequate to recover liqUidated dalltages applicable to such delays. If at1d wh~ the
cotttractor overcolltes the delay it1 achievit1g fit1al cOlltpletfot1, or at1y part thereof, for
which the OWt1er has withheld payllt~t the OWt1er shall prolltpffy release to the cotttractor
those fut1ds withheld, but t10 10t1ger applicable, as liqUidated dalltages.
1/2.0/98
FORM OF AtREEMENf
00500-1
S.6.S fhe cotttractor shall not be etttftIed to final paytMent unless and ut1ti1 he subtMlts to the
Coutrly Engineer his affidavit that all payrolls, invoices for tMaterials and equlptMeM, and
other liabilities connected with the work for which the owner, or the owner's property
tMight be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien
frOtM all subcotttractors of the cotttractor and of any and all parties required by the owner;
and the consent of surety to final paytMent. fhe affidavits, releases and waivers required
frOtM subcotttractors and tMaterialtMen are for the adtMinlstrative convenience of the owner
only. fhey do not create an Obligation on the part of the owner to assure that any
subcotttractor or tMaterialtMan Is paid. If unpaid, subcotttractors and tMaterialtMen tMust
seek paytMeM frOtM the cotttractor's pUblic construction bond surety.
S.6.'" fhe owner shall tMake final paytMeM of all SUtMS due the contractor per Section 010Z7 of
the f echnical Specifications Project Manual.
S.6.S Acceptance of final paYtMent shall constitute a waiver of all claitMs against the owner by
the contractor except for those claltMs previously tMade In writing against the owner by the
contractor, pending at the titMe of final paytMent, and identified in writing by the
cotttractor as unsettled at the titMe of his request for final paytMeM.
ARtiCLE VI
THE OWNER
6.1 InfonMation and Services Required frOIlt Owner
6.1.1 fhe owner shall furnish to the cotttractor, at the titMe of executing this cotttract, any and
all written and tangible lItaterial In Its possession concerning conditions below ground at
the site of the project. Such written and tangible tMaterial Is furnished to the cotttractor
only in order to lItake cotMplete disclosure of such tMaterial and for no other purpose. Jy
furnishing such tMaterial the owner does not represent, warrant, or guarantee Its
accuracy either in whole, in part, itMplicitly or explicitly, or at all and shall have no liability
therefor. fhe owner shall also furnish legallitMftations and utility locations, if known.
6.1.2 Excluding fees nortMally the responsibility of the contractor, the owner shall obtain all
pertMlts, approvals, easetMeMS and the like required for cOt1struction.
6.1.S fhe owner shall furnish the cotttractor, free of charge, four copies of the cotttract
docutMents for execution of the work. fhe cotttractor will be charged, and shall pay the
owner .ZtOO per additional set of contract docutMents which he tMay require.
6.t Right to Stop Work
If the cotttractor persistently fails or refuses to perfortM the work in accordance with this
cotttract, the owner tMay order the cotttractor to stop the work, or any described portion
thereof, ut1ti1 the cause for stoppage has been corrected, no longer exists, or the owner
orders that work be resutMed; in such event the cotttractor shall itMtMediately obey such
order.
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FORM OF AQ.REEMENT
00500-8
6.S Owners Right to PerlanM Work
If the contractor's work is stopped by the owner under paragraph 6.t, and the contractor
fails within three CS) days of such stoppage to provide adequate assurance to the owner
that the cause of such stoppage will be elitftinated or corrected, then the owner tftay,
without prejudice to any other rights or retftedies the owner tftay have against the
contractor, proceed to carry out the subject work. In such a situation, an appropriate
change order shall be issued deducting frOtft the contract price the cost of correcting the
subject deficiencies. If the unpaid portion of the contract price Is insufflclet1t to cover the
atftout1t due the owner, the contractor shall pay the difference to the owner.
ARTICLE VII
THE CONTRACTOR
7.1 The contractor is again retftinded of his cot1tlnuing duty set forth In subparagraph 1.'.7.
The contractor shall perfoYtlt no part of the work at any titfte without adequate contract
docUtftet1ts or, as appropriate, approved shop drawings, product data or satftples for such
portion of the work. If the contractor perfoYtlts any of the work kt10wing it involves a
recognized error, inconsistency or otftission in the contract docutftet1ts without such
notice to the Coun1Y Engineer, the contractor shall bear responsibilify for such
perfoYtltance and shall bear the cost of correction.
7.1. The contractor shall perfoYtlt the work strictly in accordance with this contract.
73 The contractor shall supervise and direct the work using the contractor's best skill effort
and attet1tion. The contractor shall be responsible to the owner for any and all acts or
otftissions of the contractor, its etftployees and others engaged in the work on behalf of the
contractor.
7.4 Warranty
The contractor warratrts to the owner that all labor furnished to progress the work under
this contract will be cotftpetent to perfoYtlt the tasles undertaken, that the product of such
labor will yield only first-class results, that tftaterials and equiptftent furnished will be of
good qualify and new unless otherwise PeYtftitted by this contract, and that the work will be
of good qualify, free frOtft faults and defects and in strict confoYtltance with this contract.
All work not confoYtlting to these requlretftet1ts tftay be considered defective.
7.' The contractor shall obtain and pay for all fees and licenses necessary and ordinary for
the work. The contractor shall secure and pay for all licenses, Inspections and surveys
required by Federal State, or Municipal bodies having JUrisdiction over the project for the
proper execution and cotftpletion of the work which are custotftarily secured after execution
of the contract and which are legally required at the titfte bids are received. The contractor
shall cotftply with all lawful requlretftents applicable to the work and shall give and
tftalntaln any and all notices required by applicable law pertaining to the work.
7/1.0/98
FORM OF AtREEMENT
00'00-9
1.6 Supervislot1
1.6.1 fhe cotrtractor shall etMploy at1d IMait1tait1 at the project site ot1ly COIMpetet1t supervisory
persot1t1e1. Abset1t writtet1 lt1structiOt1 frOIM the cot1tractor to the cot1trary, the
superft1tet1det1t shall be deeIMed the cot1tractor's authorized represet1tative at the site at1d
shall be authorized to receive at1d accept at1Y at1d all COIMIMUt1icatfOt1s frOIM the OWt1er or
the CoUt1fy Et1git1eer.
1.6.1. Key supervisory persot1t1e1 assigt1ed by the cot1tractor to this project are as follows:
~!"e _ _ _') .J.:\ __ _ \ _'
It 141-1 c k\ f.:. r~'.J-Jf. I: 11.+-1',,_
In " /l'E i-I-A LL
FUt1ctiOt1
/*E~)11>.:~A 'r/ /'(CA)(=;{:::'
f/~/)JE~Cr- 5t.i.. /'2-.ri ;/l/ 7?::: /f... j')E:A:7 -
So 10t1g as the lt1dMduals t1aIMed above reIMait1 actively eIMployed or retalt1ed by the
cotrtractor, they shall perfoYtM the fut1ctiot1s it1dicated t1ext to their t1aIMes ut1less the OWt1er
agrees to the cot1trary 1t1 wrftft1g. 1t1 the evet1t Ot1e or IMore it1dMduals t1at listed above
sUbsequem1y assuIMes Ot1e or IMore of those fut1ctiot1s listed above, the COt1tractor shall be
bout1d by the provisioN of this subparagraph 1.6.1. as though such it1dMduals had beet1
listed above.
1.1 fhe COt1tractor, withit1 flfteet1 U5J days of coIMIMet1cit1g the work, shall subIMit to the OWt1er
at1d the Couttty Et1glt1eer for their lt1foYtMatfot1, the cot1tractor's schedule for coIMpletit1g the
work. fhe cotrtractor's schedule shall be revised t10 less frequet1t1y that1 IMot1thly ,ut1less the
parties otherwise agree 1t1 wrftft1Q, at1d shall be revised to reflect COt1dItfOt1s et1cout1tered
frOIM tfIMe to tfIMe at1d shall be related to the et1tfre project. Each such revlsiot1 shall be
furnished to the OWt1er at1d the Couttty Et1glt1eer. Failure by the COt1tractor to strIctty
coIMply with the provislot1s of this paragraph 1.1 shall cot1stftute a IMaterfal breach of this
cot1tract.
1.8 fhe cotrtractor shall cot1tft1uously IMalt1talt1 at the site, for the bet1eflt of the OWt1er at1d the
CoUt1ty Et1glt1eer, Ot1e record copy of this cot1tract IMarked to record Ot1 a curret1t basis
chat1ges, selectiOt1S at1d IModlflcatfot1s IMade durft1g COt1structiOt1. Addltfot1ally, the cotrtractor
shalllltalt1talt1 at the site for the OWt1er at1d the Couttty Et1git1eer the approved shop
drawlt1gs, product data, saIMples, at1d other slIMilar required subIMittals. UPOt1 flt1al
coIMpletlot1 of the work, all of these record doculMet1ts shall be delivered to the OWt1er.
1.9 Shop Prawlt1gs, Product Pata at1d SalMples
1.9.1 Shop drawlt1gs, product data, saIMples at1d other subIMittals frOIM the cotrtractor do t1at
cot1Sfftute cotrtract docUIMet1ts. fheir purpose Is IMerely to deIMot1strate the IMat1t1er
1t1 which the COt1tractor lt1tet1ds to IlItplelltet1t the work 1t1 cOt1foYtMat1ce with it1foYtMatlot1
received frOIlt the COt1tract doculltet1ts.
1/1.0/98
FORM OF AG-REEMENf
00500-10
1.9.2 fhe contractor shall not perfot'tM any portion of the work requiring subtltittal and review
of shop drawings, product data or satltples unless and uttfil such subtltittal shall have been
approved by the County Engineer. Approval by the County Engineer, however, shall not be
evidence that work installed pursuant thereto confot'tMs with the requiretltents of this
contract.
1.10 Cleattlttg the Site attd the Project
fhe contractor shall keep the site reasonably clean during perfot'tMance of the work.
Upon final cotltpletion of the work. the contractor shall clean the site and the project and
retltove all waste together with all of the contractor's property therefrotlt.
1.11 Access to Work
fhe owner and the CoUt1t'( Engineer shall have access to the work at all titltes frOtlt
cotlttltencetltent of the work through final cotltpletion. fhe contractor shall take
whatever steps necessary to provide access when requested.
1.11. Ittde",nitv
1.11..1 fo the fullest extent Pertltitted by law, the contractor shall indetltnffv and hold hat'tMless
the owner frOtlt and against liability, claltlts, datltages, losses and expenses, inclUding
attorneys' fees arising out of or resulting frOtlt perfot'tMance of the work. provided that
such liability, claitlts, datltage, loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property, other than the work Itself,
inclUding loss of use resulting therefrotlt, but only to the extent caused In whole or in part by
negligent acts or otltissions of the contractor, a subcontractor, anyone direct1y or
indirectly etltployed by thetlt or anyone for whose acts they tltay be liable, regardless of
whether or not such liability, claltlt, datltage, loss or expense is caused in part by a
party indetltnified hereunder. fhe indetltnification required by this paragraph 1.12 is
independent of the contractor's obligation to purchase the insurance described in
Article XIII and Is not litltlted or tltodified by the tertltS of those insurance policies.
1.12.2 In claitlts against any person or entity indetltnified under this paragraph 1.12 by an
etltployee of the contractor, a subcontractor, anyone directly or indirectly etltployed by
thetlt or anyone for whose acts they tltay be liable, the indetltnification Obligation
under this paragraph 1.12 shall not be litltlted by a litltitation on atltount or type of
datltage, cotltpensation or benefits payable by or for the contractor or a subcontractor
under workers' cOtltpensation acts, disability benefit acts or other etltployee benefit acts.
1.12.S fhe contractor shall defend suits or claitlts for infringetltent of patent rights and shall hold
the owner and CoUt1t'( Engineer hat'tMless frOtlt loss on account thereof, but shall ttot be
responsible for such defense or loss when a particular design, process or product of a
particular tltanufacturer or tltanufacturers is required by the contract. However, If the
contractor has reason to believe that the required design, process or product is an
Infringetltent of a patent, the contractor shall be responsible for such loss unless such
Infot'tMation Is protltPfly furnished to the Countv Engineer.
1/20/98
FORM OF AtREEMENf
00500-11
ARlICLE VIII
CONfRACf APMINISfRAlION
..1 Cia hits by the Cotltractor
'.1.1 All cottlractor clailMs shall be initiated by written notice and clailM to the owner and the
Coutrty Engineer. Such written notice and clailM lMust be funtished within three ($) days
after occurrence of the event, or the first appearance of the condition gMng rise to the
clailM.
'.1.t Pending final resolution of any clailM of the cottlractor, the cottlractor shall diligetttly
proceed with perfoYlMance of this cottlract and the owner shall continue to lMake paYIMet11's
to the cottlractor in accordance with this cottlract. The resolution of any clailM under this
paragraph ..1 shall be reflected by a change order executed by the owner, the Couttfy
Engineer and the cottlractor.
'.1.$ ClailMs for Additional Costs-If the cottlractor wishes to lMake a clailM for an increase in the
cottlract price, as a condition precedent to any liabilf1y of the owner therefor, the
cottlractor shall give the County Engineer written notice of such clailM within three ($) days
after the occurrence of the event, or the first appearance of the condition, gMng rise to
such clailM. Such notice shall be given by the contractor before proceeding to execute any
additional or changed work. The failure by the contractor to give such notice and to give
such notice prior to executing the work shall constitute a waiver of any clailM for
additional colMpensation.
'.1.4. In connection with any clailM by the contractor against the owner for colMpensation in
excess of the cottlract price, any liabilf1y of the owner for the contractor's costs shall be
strictly IilMited to direct costs incurred by the cottlractor at1d shall it1 t10 event it1clude
it1direct costs or consequential dalMages to the COt1tractor. The OWt1er shall t10t be liable to
the cottlractor for clailMs of third parties, it1cludit1g subcottlractors, unless at1d ut1tilliabilf1y
of the cottlractor has be8t1 established therefor it1 a court of cOlMpetent Jurisdictiot1.
'.1.5 ClailMs for Additiot1al filMe-lf the cot1tractor is delayed it1 progressit1g at1y task which at
the tilMe of the delay is then critical or which durit1g the delay becolMes criticaL as the sole
result of at1Y act or neQlect to act by the owner or sOlMeot1e actit1g on the OWt1er's behalf, or
by changes ordered it1 the work, ut1usual delay in trat1sportatiOt1, ut1usually adverse
weather conditions not reasot1ably at1ticlpatable, fire or at1Y causes beyot1d the
cottlractor's cottlroL then the date for achlevit1g substat1tial colMpletiot1 of the work shall
be extended upon the written notice at1d clailM of the COt1tractor to the OWt1er at1d the
County Et1git1eer for such reasot1able tilMe as the CoUt1ty Et1git1eer lMay det8r'lMlt1e. At1Y
t10tice and clailM for an extensiot1 of tilMe by the COt1tractor shall be lMade t10t 1M0re that1
three ($) days after the occurat1ce of the event or the first appearat1ce of the COt1ditiOt1
gMt1g rise to the clallM at1d shall set forth in detail the cottlractor's basis for requirit1g
additional tilMe In which to colMplete the project. 1t1 the event the delay to the cottlractor is
a cot1tinuit1g Ot1e, ot1ly Ot1e t10tice and clailM for additiot1al tilMe shall be t1ecessary. If the
1/tO/9'
FORM OF AGREEMENT
00500-1t
contractor fails to lMake such clallM as required In this sUbparagraph. any clallM for an
extension of tilMe shall be waived. In no event Is the contractor artitIed to additional
colMpensation for any delay described In this paragraph S.l.5' or other paragraphs.
I.t Field Orders
The County Engineer shall have authority to order IMlnor changes In the work not
InvoMng a change In the contract price or In contract tilMe and not Inconsistent with the
Intent of the contract. Such changes shall be effected by field order and shall be binding
upon the contractor. The contractor shall carry out such field orders prolMpiiy.
ARTICLE IX
SUJCONTRACTORS
9.1 Pefinition
A subcontractor Is an entity that has a direct contract with the contractor to perfortM a
portion of the work.
9.t Award of Subcontracts
9.t.t Upon execution of the contract. the contractor shall furnish the owner In writing the
nalMes of persons or entities proposed by the contractor to act as a subcontractor on the
project. The owner shall prolMpiiy reply to the contractor. In writing. stating any objections
the owner lMay have to such proposed subcontractor. The contractor shall not enter Into a
subcontract with a proposed subcontractor with reference to wholM the owner has lMade
a tllMely objection. The contractor shall not be required to subcontract with any party to
who 1M the contractor has objection.
9.lt All subcontracts shall afford the contractor rights against the subcontractor which
correspond to those rights afforded to the owner against the contractor herein. inclUding
those rights afforded to the owner by subparagraph Illl below.
ARTICLE X
CHANtES IN THE WORK
10.1 Changes Pcntftted
10.1.1 Changes In the work within the general scope of this contract. consisting of additions.
deletions. revisions. or any colMblnation thereof. lMay be ordered without Invalidating this
contract by change order or by field order.
10.l.t Changes In the work shall be perfortMed under applicable provisions of this contract and the
contractor shall proceed prolMpiiy with such changes.
10.t Change Order Pefined
Change order shalllMean a written order to the contractor executed by the owner and the
County Engineer. issued after execution of this contract. authOriZing and directing a change
1/tO/91
FORM OF AtREEMENT
005'00-1$
in the work or an adjUS'ttltent in the contract price or the contract titMe, or any
cotMbination thereof. the contract price and the contract titMe tMay be changed only by
change order.
103 Changes in the Contract Price
103.1 Any change in the contract price resulting frOtM a change order shall be detertMined as
follows: (a) by tMutual agreetMent between the owner and the contractor as evidenced by
OJ the change in the contract price being set forth in the change order, (tJ such change in
the contract price, together with any conditions or requiretMet'Its related thereof, being
initialed by both parties and (S) the contractor's execUtion of the change order; or (b) if no
tMutual agreetMent occurs between the owner and the contractor, then, as provided in
subparagraph 10.S.t below.
IO.S.t If no tMutual agreetMent occurs between the owner and the contractor as contetMplated in
subparagraph 103.1 above, the change in the contract price, if any, shall then be detertMined
by the Couttty Engineer on the basis of the reasonable expenditures or savings of those
perfortMing, deleting or revising the work attributable to the change, inclUding, in the case of
an increase or decrease in the contract price, an allowance for direct job site overhead of
,~, and profit ,~.
IO.S.S If unit prices are provided in the contract, and if the quantities contetMplated are so changed
in a proposed change order that application of such unit prices to the quantities of work
proposed will cause substantial inequity to the owner or to the contractor, the applicable
unit prices shall be equitably adjusted.
10.4 Minor Changes
the Couttty Engineer shall have authority to order tMinor changes in the work not invoMng
a change in the contract price or an extension of the contract titMe and not inconsistent
with the intent of this contract. Such tMinor changes shall be tMade by written field
order, and shall be binding upon the owner and the contractor. the contractor shall
protMptly carry out such written field orders.
10.' Effect of Executed Change Order
the execUtion of a change order by the contractor shall constitute conclusive evidence of the
contractor's agreetMent to the ordered changes in the work, this contract as thus atMended,
the contract price and the contract titMe. the contractor, by execUting the change order,
waives and forever releases any claitM against the owner for additional titMe or
cotMpensation for tMatters relating to or arising out of or resulting frOtM the work included
within or affected by the executed change order.
10.6 Notice to Surety; Consent
the contractor shall notify and obtain the consent and approval of the contractor's
surety with reference to all change orders if such notice, consent or approval is required by
the contractor's surety or by law. the contractor's execUtion of the change order
1/tO/98
FORM OF AtREEMENt
00'00-14
shall COt1stftute the cot1tractor's warrattty to the OWt1er that the surety has beet1
t101ifled of, at1d COt1set1ts to such chat1ge order at1d the surety shall be cot1clusively
deetlted to have beet1 t101ifled of such chat1ge order at1d to have expressly COt1set1ted thereto.
Al1lCLE XI
UNCOVElINt ANP COllEC1INt WOlK
11.1 Ut1coverit1g Work
11.1.1 If at1y of the work Is covered cot1trary to the Couttty Et1glt1eer's request or to at1Y provislot1s
of this cot1tract, it shall If required by the Couttty Et1glt1eer or the OWt1er, be ut1covered for
the Couttty Et1glt1eer's it1spectiot1 at1d shall be properly replaced at the cot1tractor's
expet1se without chat1ge 1t1 the cot1tract titlte.
11.t.t If at1Y of the work is covered 1t1 a tltat1t1er t10t It1COt1slstet1t with subparagraph 11.1.1 above,
it shall If required by the Couttty Et1glt1eer or OWt1er, be ut1covered for the Couttty
Et1glt1eer's it1spectiot1. If such work cot1foYtlts strictly with this cot1tract, costs of Ut1coverit1g
at1d proper replacetltet1t shall by chat1ge order be charged to the OWt1er. If such work does
t10t strictly cot1foYtlt with this cot1tract, the COt1tractor shall pay the costs of Ut1coverit1g
at1d proper replacetltet1t.
11.t Correctit1g Work
11.t.l fhe cot1tractor shall Itlttltedlately proceed to correct work rejected by the Couttty Et1glt1eer as
defective or failit1g to cot1foYtlt to this cot1tract. fhe COt1tractor shall pay all costs at1d
expet1ses associated with correctit1g such rejected work lt1cludit1g at1y additiot1al testit1g at1d
lt1spectiot1s.
11.t.t If withlt1 Ot1e OJ year after flt1al cotltpletiot1 of the work at1Y of the work Is fout1d to be
defective or t10t 1t1 accordat1ce with this cot1tract, the COt1tractor shall correct it protltptly
upOt1 receipt of wrfttet1 t101ice frOtlt the OWt1er. fhls obligatiot1 shall survive fit1al
paytltet1t by the OWt1er at1d tUtltlt1atiot1 of this cot1tract. With respect to work first
perfoYtlted at1d cotltpleted after substat1tial cotltpletiot1, this Ot1e year obligatiot1 to
specifically correct defective at1d t1ot1cot1foYtltlt1g work shall be extet1ded by the period of
titlte which elapses betweet1 substat1tial cotltpletiot1 at1d cotltpletiot1 of the subject work.
11.U Nothlt1g COt1talt1ed 1t1 this paragraph 11.t shall establish at1y period of Iitltitatiot1 with
respect to other obligatiot1s which the cot1tractor has either ut1der this cot1tract or ut1der
the laws of the State of Florida. Establfshtltet1t of the Ot1e year titlte period 1t1
subparagraph 11.1t relates ot1ly to the duty of the COt1tractor to specifically correct the
work.
113 Owt1er May Accept Pefective or NOt1cot1fortltlt1g Work
If the OWt1er chooses to accept defective or t1ot1cot1foYtltlt1g work. the OWt1er tltay do so. 1t1
such evet1t' the cot1tract price shall be reduced by the greater of (a) the reasot1able cost of
retltovit1g at1d correctit1g the defective or t1ot1cot1foYtltit1g work at1d (b) the differet1ce
1/tO/98
FOlM OF AtlEEMENf
00500-15
betweet1 the fair tMarket value of the project as COt1structed at1d the fair tMarket value of
the project had it t1at beet1 COt1structed it1 such a tMat1t1er as to it1clude defective or
t1ot1cot1foYtMit1g work. If the YetMait1it1g portiOt1 of the ut1paid cotttract price, if at1Y, is
it1sufficiettt to cotMpet1sate the OWt1er for its acceptat1ce of defective or t1ot1cot1foYtMit1g
work, the cotttractor shalL upOt1 wrlttet1 detMat1d frOtM the OWt1er, pay the OWt1er such
YetMalt1it1g cotMpet1satiot1 for accep1'it1g defective or t1ot1cot1foYtMlt1g work.
ARflCLE XII
CONTRACT TERMINAflON
1%.1 T ertMit1atiot1 by the Cotttractor
111.1 If the work is stopped for a period of t1it1ety (90) days by at1 order of at1y court or other
pUblic authority or as a result of at1 act of the OoVeYt1tMet1t through t10 fault of the
cotttractor or at1y perSOt1 or et11ity workit1g direcffy or it1direcffy for the cotttractor, the
cotttractor tMay, upOt1 wrlttet1 t10tice 1t1 tet1 00) days to the OWt1er at1d the CoUt11y
Et1glt1eer, teYtMlt1ate perfoYtMat1ce ut1der this cotttract at1d recover frOtM the OWt1er payt)1ettt
for the actual reasot1able expet1ditores of the cot1tractor, as IitMited 1t1 Subparagraph 10.~.%
above, for all work executed at1d for tMaterials, equiptMettt, tools, COt1stroctiOt1
equlptMettt at1d tMachlt1ery actually purchaSed or rettted solely for the work, less at1y salvage
value of at1Y such itetMs.
111.% If the OWt1er shall perslstet1t1y or repeatedly fail to perfoYtM at1y tMaterial obligafiot1 to the
cotttractor for a period of flfteet1 OS) days after receMt1g wrlttet1 t10tice frOtM the
cotttractor of its lt1tet1t to teYtMlt1ate hereut1der, the COt1tractor tMay teYtMlt1ate perfoYtMat1ce
ut1der this cotttract by wrlttet1 t10tice to the CoUt11y Et1glt1eer at1d the OWt1er. 1t1 such evet1t,
the COt1tractor shall be et11itIed to recover frOtM the OWt1er as though the OWt1er had
teYtMit1ated the cotttractor's perfoYtMat1ce ut1der this cotttract for cOt1vet1iet1ce pursuat1f to
subparagraph 1111 hereut1der.
lL% T ertMit1atiot1 by the Owt1er
1%.%.1 For Cot1vet1iet1ce:
1%.%.1.1 The OWt1er tMay for at1y reaSOt1 whatsoever teYtMit1ate perfoYtMat1ce ut1der this
cot1tract by the cotttractor for COt1vet1iet1ce. The OWt1er shall give wrlttet1 t101ice of
such teYtMit1afiot1 to the cotttractor speclfyit1g whet1 teYtMlt1afiot1 becotMes effective.
1111.% The cotttractor shall lt1cur t10 further obligafiot1s 1t1 COt1t1ectiOt1 with the work at1d
the cotttractor shall stop work whet1 such teYtMlt1afiot1 becotMes effective.
The cotttractor shall also teYtMlt1ate outstat1dit1g orders at1d subcotttracts. The
cotttractor shall settle the liabllffies at1d claitMs arislt1g out of the teYtMlt1afiot1 of
subcotttracts at1d orders. The OWt1er tMay direct the cot1tractor to asslgt1 the
cot1tractor's rights, fitle at1d lt1term ut1der teYtMit1ated orders or subcotttracts to the
OWt1er or its desigt1ee.
1/%0/98
FORM OF AG-REEMENT
00500-16
111109 The cotttractor shall transfer tftIe and deliver to the owner such colltpleted or
partially colltpleted work and Iltaterials, equlplltet1t, parts, fixtures, InfoYlltatlon and
contract rights as the contractor has.
It.1t.4- (a) The cotttractor shall sublltlt teYlltlnatlon clalllt to the owner and
the Couttty Engineer specifying the alltounts due because of the
teYlltlnatlon for convenience together with costs, pricing or other data
required by the County Engineer. If the contractor falls to file a teYlltinatlon
clalllt within one en year frOIlt the effective date of teYlltinatlon, the owner
shall pay the contractor, an alltout1t derived In accordance with
subparagraph (c) below.
(b) The owner and the contractor Iltay agree to the colltpensatlon,
if any, due to the cotttractor hereunder.
(c) Abset1t agreelltet1t to the alltout1t due to the contractor, the owner shall pay
the contractor the follOWing alltounts:
m Contract prices for labor, Iltaterials, equlplltent and other
services accepted under this contract
C1i) Reasonable costs Incurred In preparing to perfoYllt and In
perfoYllting the teYlltlnated portion of the work, and in teYlltinatlng
the contractor's perfoYlltance, plus a fair and reasonable allowance
for overhead and profit thereon, such profit shall not Include
anticipated profit or consequential dalltages; provided however, that
If It appears that the cotttractor would have not profited or
would have sustained a loss If the entire contract would have been
colltpleted, no profit shall be allowed or Included and the alltout1t of
colltpensatlon shall be reduced to reflect the anticipated rate of loss, If
any;
(Iii) Reasonable costs of settling and paying claillts arising out of the
teYlltinatlon of subcontracts or orders pursuant to subparagraph
I11t.t of this paragraph. These costs shall not Include alltoUttts paid
In accordance with other provisions hereof.
The total SUIlt to be paid the cotttractor under this subparagraph It.t.l shall not exceed the
total cotttract price as properly adjusted, shall be reduced by the alltount of paylltet1ts
otherwise Iltade, and shall in no event Include duplication of paYIltet1t.
1/tO/98
FORM OF AtREEMENT
00500-11
12.2.2.2
1112 For Cause:
11111 If the cot1fractor perslstetttly or repeatedly refuses or fails to prosecute the work 1t1
a tftlteJy tltat1t1er, supply et10ugh properly skilled workers, supervisory persot1t1e1 or
proper equlptltet1t or tltaterfals, or If he fails to tltake protltpt paYtltet1t to
subcot1tractors or for tltaterfals or labor, or perslstet1t1y disregards laws, ordlt1at1ces.
rules, regulatfot1s or orders of at1Y pUblic authority havit1g Jurisdlctiot1, or otherwise Is
guilty of a substat1tfal vfolatfot1 of a tltaterfal provfsiot1 of this cot1tract, thet1 the
OWt1er tltay by wrlttet1 t10tfce to the cot1tractor, without prejudice to at1Y other right
or retltedy, tertltlt1ate the etltploytltet1t of the COt1tractor at1d take possessiot1 of the
site at1d of all tltaterfals, equiptltet1t, tools, COt1structiOt1 equlptltet1t at1d tltachit1ery
theroot1 OWt1ed by the cot1tractor at1d tltay flt1ish the work by whatever
tltethods it tltay deetlt expediet1t. 1t1 such case, the COt1tractor shall t10t be et1titIed to
receive at1y further paytltet1t ut1tfl the work is flt1ished.
If the ut1paid balat1ce of the COt1tract price exceeds the cost of flt1lshit1g the
work. such excess shall be paid to the cot1tractor. If such cost exceeds the
ut1paid balat1ce, the COt1tractor shall pay the differet1ce to the OWt1er. This obligatfot1
for paytltet1t shall survive the tertltlt1atfot1 of the COt1tract.
1111~
1t1 the evet1t the etltploytltet1t of the cot1tractor is tertltlt1ated by the OWt1er for cause
pursuat1t to subparagraph 1112 at1d it Is sUbsequet1t1y detertltit1ed by a Court of
COtltpetet1t Jurisdlctiot1 that such tertltit1atfot1 was without cause, such tertltlt1atiot1
shall thereupot1 be deetlted a tertltit1atfot1 for cOt1Yet1iet1ce ut1der subparagraph
12.11 at1d the provislot1s of subparagraph 112.1 shall apply.
ARflCLE XIII
INSURANCE
1~.1 The it1surat1ce required ut1der this cot1tract Is set forth 1t1 SectiOt1 00900 of the Project
Mat1ual.
ARflCLE XIV
MISCELLANEOUS
14.1 Ooynit1g Law
This cot1tract is goyned by the laws of the State of Florida. Vet1ue for at1Y litigatfot1
arisit1g ut1der this cot1tract tltust be 1t1 MOt1roe CoUt1tv, Florida.
14.2 Successors a..d Assig..s
The OWt1er at1d cot1tractor blt1d thetltselves, their successors, asslgt1s at1d legal
represet1tatives to the other party hereto atld to successors, asslgtls atld legal
represet1tatfves of such other party it1 respect to covet1at1ts, agreetltet1t at1d obligatfot1s
cotltalt1ed 1t1 this cot1tract. The COt1tractor shall t10t asslgt1 this cot1tract without wrfttet1
COt1set1t of the OWt1er.
7/20/98
FORM OF AtREEMENT
00500-18
14.S Surety lJonds
fhe cotttractor shall fun1ish the pUblic construction bond in the atMouttt and foYtM set forth
in Section 1.SS.0S, Florida Statutes. See Section OO'SO.
14.4 Public Entity CritMe Statelttet1t
A person or affiliate who has been placed on the convicted vendor list follOWing a conviction
for pUblic ettIity critMe tMay not subtMft a bid on a contract to provide any goods or services
to a pUblic ettIity, tMay not subtMft a bid on a contract with a pUblic ettIity for the
construction or repair of a pUblic building or pUblic worle, tMay not subtMft bids on leases of
real property to pUblic ettIity, tMay not be awarded or perfoYtM work as a cotttractor,
supplier, subcotttractor, or consultattt under a contract with any pUblic ettIity, and tMay not
transact business with any pUblic ettIity in excess of the threshold atMouttt provided in
Section 1.'1.011 of the Florida Statutes, for CA fEo.oRV rwo for a period of S6 tMonths
frOtM the date of being placed on the convicted vendor list.
14.S fret1ch Safety
If applicable to the project, the contractor shall cotMply with all relevattt provisions of the
french Safety Act (Sees. SSS.60-SSS.64, Fla. StatJ.
14.6 Cotttinget1cy
Monroe County's perfoYtMance and Obligation to pay under this cotttract is cot1tfngettt upon
an annual appropriation by the lJoard of County CotMtMissioners.
14.1 Effective Pate
fhis cotttract will take effect on the date of the Notice to Proceed.
IN WlfNESS WHEREOF, each party has ~used this AgreetMettt to be executed by fts dUly
auth~rized representative this /?- (,( day of -1)-U ~ f) ~ /- , 199. .
,
';H~, i
(SEAL> .. ' ~d V\.' :'
Attest: PA~ -'E Clerk
:<'~ -'-~. .' ' ,
'V: c:Cb~C_. ~~; 'V:
Peputy Clerk
Pate 08 .- / a - 9 !1>
NfV COMMISSIONERS
aUNf ~_
(SEAL>
Attest~, /, /i ,
Ii . , \, J~ '\
lJY://\)li)i.(/;_il~_.-~:c/\/a7u,/_/v:~./ 'v:
Debra A. Brown
Waller K. br\ilwe~
fitle: Assistant Secretary
fitle: President
1/1.0/9'
FORM OF AtREEMENf 00SOO-19
.~
R RI=OT I\.l u "" "P'
BOND NO: 5-500-9680
SEcnON 00150
""LlC CONSnUCnON JONP
JV THIS JONt'. We THE BREWER COMPANY OF FLORIDA, INC. . as Principal
WASHINGTON INTERNATIONAL
and INSURANCE COMPANY . a corporation, as Surety, are
BOARD OF COUNlY COMMISSIONERS
bOUttd to MONROE COUNlY . herein caRed Owner, In
TWO HUNDRED TWENTY-SEVEN THOUSAND,
the SUl\t of · SEVEN HUNDRED EIGHTY-EIGHT AND 48/100 . for paytMart of which
we bind ourselves, our heirs. personal represemafives, successors, and
assigns, joit11ty and severally.
THE CONt'ITION OF THIS JONt' Is that If Princlpa~
1. Perfontts the cottfract dated 08- I cA
between PrIncipal and Owner for cot1SfrUctfon of
KEY LAlto lOAPS XIV
lOAVWAV IMPlOVEMENr
Key largo
Monroe CoUlliy, Ronda
the cotttract being lMade a part of this bond by refererrce, at the tilMlS and fn the
IManner prescribed In the cottfract and
19 98
I_,
1.. ProlMptty lMakes paVIMents to aU elallMattts, as d8flned In Secflon
tsS.OSnJ, Ronda Statutes, supplying PrIncipal with labor. IMaterfals, or
supplies, used dlrecttv or Indirectly by Principal in the prosecution of the
work provided for In the comracf: and
$. Pays Owner aU losses, dalMages, expenses, costs, and attorney's fees,iincluding appellate proceedings, that Owtter sustains because of a default by
Vrfnclpal under the cottfract and
Zlt4-/9'
PUJLlC CONSl'lUCtlON JONP
00150-1
4. PerfonHS the guaratttee of aU work at1d Iftaterfals funtlshed Uttder the
cotrtract for the 1fIfte specffled 1t1 the cotrtract, thet1 this bcmd Is void:
otherwise It reuiltS 1t1 full force.
At1y chat1ges 1t1 or Uttder the cotttract doCUlftents at1d colltplfat1ce or t10t1COlltPlfat1ce
with at1Y fonHalftles COt1t1ected with the cotttract or the chat1ges does t10t affect
Surety's obligatiot1 Uttder this bond.
/",
PA1EP ON
AUGUST 31
,'/ '
/
, 19 98. ;;
THE BREWER ~~~OF FLORIDA, INC.
~f~ Wal~:es~:::wer
~
D. W. MAT S A me'( I.. Fact) & FLA. RES. AGENT
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(Nalfte of Surety}
1.11.5/98
PUJLlC CONSTlUClION JONP
00850-2.
WASHINGTON INTERNA TIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW All BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
JOHN W. CHARL TON AND D.~ MA TSON.III BOTH OF MIAMI. FLORIDA
EACH IN THEIR SEPARA TE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of Indemnity and other wrilin!~ obligatory in the nature thereof, and any and all consents required by the Department of Transportation, State
of Florida. Incident to the release of ret3ined percentages and/or final estimate, which are or may be allowed, required, or permitted by law, statute. rule,
regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
President and its principal office.
This Power of Attorney shall be limited in amount to $5,500,000,00 for any single obligation.
This Power of Attorney is issued pUlsuant to authority granted by the resolutions of the Board of Directors adopted March 22,1978,
July 3. 1980 and October 21, 1986 ,yhich read, in part, as follows:
1 The Chairman of the Board President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and
authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized
to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any
time. any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authonty given hIm.
2 The signatures of the Chairnan of the Board. the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company. may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid and binding upon the Company.
IN TESTIM~t\k)\'.7'.!~WE!Qf.J}he Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be
affixed b~,~.~~~it~ ~q~......,thIS 12th day of June, 1997.
.f .~.~.., ....:~:::. ~~.:.
~ ~." rl"-::'G-::~. "0 ';':. ~
~ i:-!:" 0;- ..a f.... ".~"" "0...;..:; ~
~ C~J: ~i"-.' -. :,., ::
; ~ :. ~~ ;-::-: ;.(:~ : ~ ~
:; 1.'". i:':'l' ,,' { ,~ .:;:; ,":
\~"""'" -.w ~'~..""~~l
........: .... .... ...,"':--
STATE~,ILt~.~.. ..,...,.
COUNTY O~.e~Q~I~\\\\\\" . ..
On this 12th day of June, 1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me
duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company: that the seal affIXed to
said instrument is the Corporate Seal of said Company;
IN TESTIMONY WHEREOF, I have hereunto et my
INSURANCE COMPANY
~ ~."!'Jll'~~",.#,--:'~"!..t-"';.";~ '!..~.t
"OFFICIAl. SI:AL" 8
MICHELLE HOWER10 ich e Howerton, Nota ubli
Notary PubliC, S.Lc.~t~.. 01 j~:n'.~fM.y l' mission Expires Sept ber 7, 1999
My CommisSon E(t II~" 'J:;;",?!fII .
~.:;.o"'~-F.#""',<''''~
STATE OF ILLINOIS)
COUNTY OF COOK)
I, the undersigned. Vice-President of'NASHINGTON INTERNATIONAL INSURANCE COMPANY. an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POv'VER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5
of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force.
Signed and sealed in the County of Cook. Dated the...31sL day of AUGUST , 19~.
~.~
Jam . C rpenter, ce- President
~
y and year first above written.
CERTIFICATE
~Q~_;;:'}t,E":EN
ONLY AND CONFERS NO RIGHTS UPON 11IE CER11ACATE
HOLDER. 11IIS CERnFlCATE DOES NOT AMEND, EXTEND OR
ALTER lltE COVERAGE AFFORDED BY 11IE POUClES BELOW.
COMPANIES AFFORDING COVERAGE
KBM CONSTRUCTION
7850 NW 146 STR
MIAMI LAKES
FL 33016
COMPANY
A
ZURICH CUSTOM CONSTRUCTION
INIURED
BREWER COMPANY OF FLORIDA INC
.~'\
FL 33178 ~,
COMPANY
B
ZURICH CUSTOM CONSTRUCTION
10400 N W 121 WAY
MIAMI
COMPANY
C
ASSOCIATED INDUSTRIES OF FLA
COMPANY
D
[.Y@mg~tm:[:f[:f[i::::i:::::ffff:';mm:i:im::fff:i::::::m::'::'fff['fff:iilill1i:l::l:i:[t[:::I::::::::::::lfii:l:t:i:ll:t::i::tmmmmi:::f:::ti:li::t::lmt:ffff:::itill1ltlmiliKMiMl1tiMW..atWgi[tttt:::r:
llilS IS TO CERTIFY lliAT lliE POUClES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO lliE INSURED NAMED ABOVE FOR lliE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OlliER DOCUMENT WITH RESPECT TO WHICH llilS
CERTIACATE MAY BE ISSUED OR MAY PERTAIN, lliE INSURANCE AFFORDED BY lliE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL lliE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POIJCIES. UMITS !':HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LtR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE POUCY EXPIRATION
DAlE (MMlDDIYY) DAlE (MMlDDIYY)
UIII'rS
GENERAL LJA8lI.JTY
X COMMERCIAL GENERAL UABIUTY
ClAIMS MADE 00 or..cUR
OWNER'S & CONTRACTOR'S PROT
EPA27810390
01/01/98 01/01/99
GENERAL AGGREGATE 12 000 000
PRODUCTS. COMPIOP AGO 11 000 000
PERSONAL &ADV INJURY 11 000 00 0
EACH OCCURRENCE 11 000 00 0
FIRE DAMAGE (Any -"'1 I 3 0 0 0 0 0
MED EXP (Any _ ...-I I 10 , 00 0
1,000,000
COMBINED SINGLE LIMIT I
GARAGE LJA8lI.JTY
N4Y AUTO
101 01/98 01/01/99
I
"y~.r,EM;' 6IfJOo(: ;~
u . .. 0.,,'
DATE~~;=+;:.L'~i r~ .', ;b
WAIVER: ~..'? _ YES
BODILY INJURY
(Per 1*10"1
I
AUTOMOBLE UABlUTY
X N4Y AUTO
AU. OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON.QWNED AUTOS
BODILY INJURY
(Per accIdenlI
.
PROPERTY DAMAGE
I
lliE PROPRIETORI
PARTNERSlEXECUTlVE
OFFICERS ARE:
011tER
EACH ACClDEN1' I
AGGREGATE .
02/15/98 1/01/99 EACH OCCURRENCE IS 000 000
I AGGREGATE I
I
1./01/98 1/01/99 X TORY UMn:
EL EACH ACC1DENT
a DISEASE-POLICY LIMIT I
EL DISEASE-EA EMPlOYEE S
EXCESS LJA8lI.JTY AU023 3236901
X UMBREllA FORM
OlliER 1MAN UMBREllA FORM
WOR!WIS COMPEHSAnOH AND 9823 18407
EJIIILOYERS' LIABUTY
INCl
exa.
aa;;IO;;;;~NSIL~~~";~~ =sADDITIONAL='-iNSlm~?if{ ~ESPECTS TO GENERAL
LIABILITY IN RESPECTS TO: KEY LARGO ROADS XIV ROADWAY IMPROVEMENTS
_.911!nM9m@!]m:Illl::::::::m:::::::ltttl:::::lltl:m:f~il@1f@li:l~[m:mUitmm:::lm:m::tf_g~e:::l.m!t'::::::::::ttfm:ft:IIIlttmt:Ij11~:tiim:l'mrM%ifi_;;Ufi!lm@I~:I@t
SHOULD ANY OF THE ABOVE DEBCRl8ED POl.ICIaI _ CA~'''' IIePORI! THE
MONROE COUNTY BOARD OF COUNTY EXPIRATION OATE 11tEREOF, 11tE ISSUING COMPANY wu. IlNDUVOR to MAL
COM I S S IONERS .l.O- DAYS WRrrnN N011CE TO THE CEIl1W'ICATE HOLDI!R IWIBt TO .... LEF1',
5100 COLLEGE ROAD BUT FAUlRE TO MAL SUCH N011CE SHALL IMPOSE NO 0BIJCIA1IOII OR UAIIlUfY
KEY WEST, FL 33 040 OF ANY KINO UPON THE COMPANY ITS AGans OR._. 8I...,.,A1IVES.
q L.\ AUl1tORIZED REPRESEN1' -
~ilfd.HiI~:~rjijrjt:~::::::~::~:'::::t::~:m:m:timtmHlii;:;:;::;,;,;,;;;,;,;,;::,::::::::':::':::~~~:~~~::;;~:;:::llt~::;~;~;;~::;:~~;l;:::'~~::~:;:::~:f::}fa!;:;~:W:::;i::~_?;':;:':';:.:~;;.:;;.;.;';::;:;;';;;;;;:;:;:;:;:~~:~~~~:iii.*ttQW~flONWfijii
7Nm^L'
~ Clt ( \{)[q8